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Attorney General Matt Denn


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10002l-epersonnel

95-IB34 Re: Freedom of Information Act Complaint 29 Del. C. § 10005(e)

Written on: October 24th, 1995 in 10002(l) (1) Exemptions - Personnel

The Complainant alleged that the school district impermissibly withheld documents regarding the status of a teacher and what was being done to address problems with that teacher. The District replied that they had provided all the public documents they had, had conducted meetings regarding the teacher and had no more information to provide. Held: the District has fulfilled its obligations under the Freedom of Information Act and there is no violation.


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10001-declarations

95-IB30 Use of Social Security Number Records by State Division of Revenue

Written on: September 27th, 1995 in 10001 Declaration of Policy

Civil Division – New Castle County September 27, 1995 Del. Op. Atty. Gen. 95-IB30 (Del.A.G.), 1995 WL 794497 (permitting the Director of the Division of Revenue, the state agency charged with administering and enforcing Delaware tax laws, to access Social Security numbers maintained by the Division of Motor Vehicles) Michael O. McCann Deputy Administrator Department […]


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10001-declarations

95-IB25 Freedom of Information Act Complaint 29 Del. C. ‘ 10005(e)

Written on: August 15th, 1995 in 10001 Declaration of Policy

Complainant alleged that New Castle County failed to respond to her request for records. The County indicated that it was preparing to respond to the request when the Complainant filed a pro se suit in Superior Court alleging, among other things, a violation of the Freedom of Information Act. Held: jurisdiction rests with Superior Court.


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10001-declarations

95-IB26 Freedom of Information Act Complaint 29 Del. C. ‘ 10005(e)

Written on: August 15th, 1995 in 10001 Declaration of Policy

The Complainant alleged that the Town Council of Georgetown violated the Freedom of Information Act when it did not include the eviction of the town Chamber of Commerce from the town hall on the June agenda but did vote on the matter as additional business. A special meeting was held two months later to vote on the eviction again, in compliance with FOIA, with the same vote. Held: although there was an initial violation, the subsequent meeting ratified the actions of the first meeting and made the matter moot.


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10001-declarations

95-IB22 07/31/95 FOIA Opinion Letter to The Honorable Darrell J. Minott re: FOIA Complaint Concerning Meeting of Governor’s Council On Equal Employment Opportunity

Written on: July 31st, 1995 in 10001 Declaration of Policy10002(a) Agenda10004(b)(9) Executive Session Personnel Matters

Requestor sought an opinion on whether the Governor’s Council on Equal Employment Opportunity was permitted to meet privately with invited guests. The Council was established by Executive Order and its members were appointed by the Governor or the Human Relations Commission. It is not statutorily exempted from the Freedom of Information Act and is supported, at least in part, by public funds. Held: the Council on Equal Employment Opportunity is a Public Body as defined by FOIA and must abide by the open meeting requirements therefore, private meetings with invited guests are not permitted. However, the Council is permitted to go into Executive Session as permitted by statute.


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10002g-meeting

95-IB20: Re: Freedom of Information Act Complaint 29 Del. C. § 10005(e)

Written on: June 15th, 1995 in 10002(g) Meeting10002(h) Public Body

The Complainant alleged that administrative-staff meetings held by the school district should be considered public meetings because school board members were present. The district argued that only two board members were now present at the meetings, not a quorum, and that those members were not appointed to a subcommittee or special ad hoc committee. Held: if the board members make any formal or informal, express or implied recommendations to the full Board based upon any action proposed at the administrative-staff meetings, they would be considered a subcommittee and subject to open meetings requirements. However, based upon current facts, there is no violation of the Freedom of Information Act.


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10001-declarations

95-IB24 Louis A. Irion, Jr. – June 7, 1995 Freedom of Information Act Complaint

Written on: June 7th, 1995 in 10001 Declaration of Policy

The Complainant alleged that the City of New Castle failed to respond to his request for documents. Complainant requested information on the status of public walkways taken for private use. Held: the description of the documents sought was not sufficient to allow the City to locate such records, the request lacked specificity and was not a permissible request and there was no violation of the Freedom of Information Act.


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10001-declarations

95-IB15 Freedom of Information Act Complaint Mayor and Council of City of New Castle 29 Del. C. ‘ 10005(e)

Written on: March 24th, 1995 in 10001 Declaration of Policy

The Complainant alleged a violation of the Freedom of Information Act’s open meeting requirements when the City of New Castle posted a revised agenda the day of a public meeting but did not provide a reason in the agenda for the delay. The open meeting was held to discuss a proposed ordinance. The City argued that an administrative oversight is not a substantive violation of FOIA. Held: failure to state a reason for delay in posting an agenda is a violation of FOIA. The city must issue a new ordinance in compliance with FOIA.


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10002l-epersonnel

95-IB13: Re: Freedom of Information Act Complaint Milford, Woodbridge, Indian River, Seaford and Laurel School Districts 29 Del. C. § 10005(e)

Written on: March 20th, 1995 in 10002(l) (1) Exemptions - Personnel

The Complainant alleged that Seaford, Indian River, Laurel, Woodbridge and Milford School Districts improperly refused to provide the names and salaries of all district teachers. The districts provided the salaries, but not names, of the teachers. Held: there is no statutory exemption that prevents the disclosure of public school districts’ teachers’ names and salaries.


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10002g-meeting

95-IB37: RE: Freedom of Information Act Complaint 29 Del. C. § 10005(e)

Written on: March 8th, 1995 in 10002(g) Meeting10002(h) Public Body

The Complainant alleged that the “breakfast meetings” described in AG Opinion 95-IB04 continued to be held. A discussion of suggestions for betterment of the school system is considered public business. Because a quorum of the Board was present, the breakfast meetings should be considered public meetings within the meaning of the statute. Counsel for the school board noted that the board will not hold breakfast meetings any more but, if they do, a quorum will not be present. Held: if a quorum of a subcommittee is present and makes recommendations to the full board, it is considered a public body under the Freedom of Information Act and must abide by open meeting requirements.


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